Probate courts in Georgiaare courts of limited or
special jurisdiction. Each of the 159 counties in Georgiahas one probate court and
one probate judge. The probate judge is an elected Constitutional
County Officer with a four-year term of office. Probate judges are
the successors to the position originally known as the "Ordinary."
Before the creation of Boards of Commissioners which today govern
the affairs of a county, the Ordinary was the chief administrative
officer of the county and ran the county's business. Many of the
administrative duties and functions of the probate court derive from
that fact.

Jurisdiction

Probate courts have exclusive,
original jurisdiction over certain categories of cases involving
decedents' estates, adult guardianships and / or conservatorships,
minor guardianships and / or conservatorships, and involuntary
treatment of persons suffering mental illnesses or addiction to or
abuse of drugs or alcohol. In addition, probate courts perform other
judicial, administrative and ministerial functions.

Decedent's Estates

The estates of persons who die
domiciled in or owning property in the State of Georgiaare primarily administered
under the supervision of the probate courts. Probate courts hear and
rule upon petitions to probate wills, petitions to appoint
administrators, petitions for year's support, and petitions for
orders declaring no administration to be necessary. When required by
law or a will, probate courts rule upon the sale and disposition of
the property belonging to, and the distribution of, property of a
decedent. Probate courts receive, audit and review the returns of
all administrators and executors required by law to file reports
with the court. The discharge or removal of executors and
administrators and their sureties is within the jurisdiction of the
probate courts.

Adult Guardianships/ Conservatorships

Probate courts have jurisdiction
over the appointment and supervision of guardians/conservators of
adult persons found to be incapacitated by reason of physical or
mental illness to such an extent that the adult is no longer capable
of making reasonable and rational decisions concerning his or her
person or of managing his or her money and property. All guardians
of an incapacitated adult must file annual reports on the
physical/mental status of the ward, and all conservators must file
an inventory of assets and annual financial accountings, all of
which are subject to review or audit by the staff of the probate
court. The discharge or removal of guardians/conservators and their
sureties is within the jurisdiction of the probate courts.

Minor Guardianships /
Conservatorships

Probate courts have jurisdiction over the appointment and
supervision of conservators of the property of minor children.
Conservators of minors also must file an inventory of assets and
annual financial accountings with the probate court. Probate courts
may also appoint permanent guardians or temporary guardians of the
persons of minor children in certain circumstances.

Involuntary Treatment

Probate courts may order the assessment and evaluation of persons 17
years of age and older who are believed to be mentally ill and/or
addicted to or abusive of alcohol or drugs and who appear to be a
risk of danger to themselves or others. The probate courts in
counties in which there is located a state regional mental hospital
or a designated private mental hospital may also order the
involuntary treatment of such persons for limited periods of time.

Additional Functions

Probate courts perform other judicial and ministerial functions,
including, but not limited to: issuance of marriage licenses;
issuance of firearms permits; upkeep of all public records and
minutes of proceedings in the probate court; acceptance and
maintenance of funds, as custodian, for missing heirs and minors
without guardians; issuance of residency certificates; issuance of
licenses to conduct business by veterans maintenance; issuance of
permits to perform public fireworks displays; filling vacancies in
certain public offices; administering oaths to public officials;
acceptance, and the approval and recording of bonds of certain
public officials. Probate courts may hear cases involving the
removal of obstructions from roads.

Elections

In Colquitt County, the probate
judge serves as the superintendent of elections for the county,
thereby having charge and supervision of all elections held in the
county.

Forms and other information

Many, but not all, of the proceedings
filed in probate courts are initiated by the use of a Georgia
Probate Court Standard Form. Those forms are available in the
probate court office located at the Courthouse in downtown
Moultrie. These standard forms may also be accessed and downloaded
from the Probate Court Information System at
gaprobate.org.